must prove by clear and convincing evidence that the statement was made with actual malice, which means falsity
(knowing the statement to be false) or a reckless disregard for its truth.
There is actual malice if the defendant in fact entertained serious doubts as to the truth of his publications, or if the statements' being true is so inherently improbable that only a reckless man would have put them in circulation.
This standard was established by the Supreme Court in New York Times v. Sullivan. Given the facts in this case, Palin will be challenging the case law in Sullivan should she appeal from the judge's order to dismiss.
